Laws of Vietnam

I. READJUSTING THE VALUE OF CONSTRUCTION AND INSTALLATION COST ESTIMATES

1. Readjusting labor costs:

Labor costs included in the construction and installation cost estimates of construction projects, which are formulated according to the current capital construction unit prices set by the provinces and centrally-run cities, shall be readjusted with coefficient knc = 1.25 fold.

For construction projects, of which the cost estimates are formulated according to the current capital construction unit prices set by the provinces and centrally-run cities, and which are eligible for subsidiary wages, wage allowances and other preferential regimes and policies, not yet included in the unit prices, or enjoy itinerancy allowance at a level higher than 20%, or unstable production allowance at a level higher than 10%, such amounts shall be added to the labor costs under the guidance in the Appendix to this Circular.

2. Readjusting the costs of construction machines:

The costs of construction machines in the construction project cost estimates formulated according to the current capital construction unit prices set by the provinces and centrally-run cities shall be readjusted with coefficient kmtc= 1.04 fold. The above-said regulatory coefficient shall not apply to the readjustment of construction machine costs in the construction and installation cost estimates of construction projects, but such construction machine costs shall be determined according to the working shift-machine prices separately promulgated by the competent authorities outside the working shift-machine price index promulgated together with the Construction Minister’s Decision No.1260/1998/QD-BXD of November 18, 1998.

3. General costs and pre-calculated taxable incomes:

- General costs: shall be calculated in percentage (%) against the labor costs already readjusted in the construction and installation cost estimates. These general costs are specified for each project type as classified in Table 2, Appendix 2 to the Construction Ministry’s Circular No.08/1999/TT-BXD of November 16, 1999.

- Pre-calculated taxable incomes: shall be calculated in percentage (%) prescribed for each project type classified in Table 2, Appendix 2 to the Construction Ministry’s Circular No.08/1999/TT-BXD of November 16, 1999 on the direct costs (with readjusted labor costs and construction machine costs) and the above-said general costs.

4. Output value added tax: shall be calculated at the value added tax rate(s) prescribed for construction and installation activities according to the current regulations on the pre-tax construction and installation cost estimates value with the above-said costs already readjusted.

The contents of cost items in the construction and installation cost estimates value of construction components are specified in the Appendix to this Circular.

II. READJUSTING OTHER COSTS AND EXPENSES IN THE TOTAL CONSTRUCTION PROJECT
COST ESTIMATES

1. Readjusting the construction survey cost estimates:

The pre-tax construction survey cost estimates, which are determined according to the norms of construction survey cost estimates, issued together with the Construction Ministry’s Decision No.177/BXD-VKT of July 17, 1995 and Circular No.22/BXD-VKT of July 17, 1995 guiding the setting and management of construction survey costs, shall be readjusted with coefficient kks = 1.08 fold.

2. Readjusting the investment and construction consultancy costs; the construction project designing costs; the expenses for project management boards:

According to regulations, the investment and construction consultancy costs (promulgated together with the Construction Minister’s Decision No.45/1999/QD-BXD of December 2, 1999), the construction project designing costs (promulgated together with the Construction Minister’s Decision No.01/2000/QD-BXD of January 3, 2000), and the expenses for project management boards (according to the Construction Ministry’s Circular No.08/1999/TT-BXD of November 16, 1999), which are calculated in norm percentage (%) of the pre-tax construction and installation cost estimate value or the construction and installation cost estimate value plus pre-tax equipment value, and as the pre-tax construction and installation cost estimate value has been readjusted according to content of Point I of this Circular, the norm percentage (%) already specified in the above-said documents shall continue to apply.

Expenses for consultations on compilation of supplies and equipment procurement bidding dossiers, and for analysis and evaluation of supplies and equipment procurement bids, which are calculated in percentage (%) on the supplies and equipment value without value added tax according to provisions of the Construction Minister’s Decision No.45/1999/QD-BXD of December 2, 1999, shall be readjusted with coefficient ktvt = 1.11 fold.

Particularly for the urban construction planning work, the pre-tax cost estimates, which are determined on the basis of the urban construction planning price index promulgated together with the Construction Minister’s Decision No.502/BXD-VKT of September 18, 1996, shall be readjusted with coefficient khq = 1.07 fold.

III. ORGANIZATION OF IMPLEMENTATION

- For the State’s important construction projects, which are allowed to formulate their own unit prices (projects’ capital construction unit prices), the project unit-pricing boards shall base themselves on the State’s regimes and policies allowing their application to such projects as well as the principles for readjusting cost estimates of capital construction projects under this Circular’s guidance, to determine the readjusting levels of labor costs, construction machine costs and other costs and expenses (if any) in the construction and installation cost estimates.

1. Cases where cost estimate value is allowed to be readjusted according to this Circular’s provisions:

1.3. For construction and installation work volumes which are newly created but not by the contractors (for the form of bidding under package contracts and contracts with readjusted prices), and for which the construction and installation cost estimate prices are set according to the current capital construction unit prices of the provinces and centrally-run cities, the regulatory coefficients prescribed by this guiding Circular shall apply.

1.4. For projects and project components with their total cost estimates and/or cost estimates having been approved by the authorities that have decided the investment therein, while the bidding therefor is not yet or being organized or bidder appointment is not yet or being made, the investors shall have to readjust such total cost estimates and/or cost estimates under this Circular’s guidance, then submit them to the competent authorities for re-approval.

2. Cases where cost estimate value is not allowed to be readjusted according to this Circular’s provisions:

2.1. Investment projects, with the construction being carried out in 2000 by the bidding mode of "package contracts" already approved by the authorities that have decided the investment.

Any problems arising in the course of implementation shall be reported by the concerned ministries, branches and localities to the Construction Ministry for study and settlement.

For the Minister of Construction
Vice Minister
NGUYEN HONG QUAN

In which:

P: General cost norms (%);

TL: Pre-calculated taxable incomes;

knc, kmtc: Coefficients regulating labor cost and construction machine cost;

VAT: Total output value added tax amount (including input value added tax paid when materials, supplies, fuels, energy... are purchased, and value added tax amount that must be paid by the construction enterprise).-